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Issue with AC and landlord response

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orvil

Junior Member
What is the name of your state (only U.S. law)? GA

Hi, i have a question. I am renting a townhouse from my landlord. I do not go through an agency, i deal with him directly. Whenever there is an issue i email him (to keep a paper train) and his response is rare. I usually have to email him at least 3 times over the course of time to get him to acknowledge that he received it. Well first issue, my lease states repair of appliances including washer and dryer. The dryer did not work, i emailed him and he said he would get back to me. over the course of a month, i emailed him about 6 times, no response so i called and he returned the call, saying when he bought the house the washer and dryer was already here and therefore he wasnt going to fix it. Well i said, i have a lease that includes this. He said i can fix it, but he isnt. So to me, that let me know he was dodging me. Well there have been other issues here, garage genie is moving very slow to open. The shower door has to be slammed to close, one of the bathrooms toilet wouldnt flush because the inside pump was old and rusted. Granted some things i dont even call about, but this is the last draw. The upstairs ac unit does not cool. I emailed him twice and finally got a response. He asked that I locate someone to come out and he would pay the service charge. First, why is it up to me to locate someone? nevertheless, i bit the bullet found a repitable place they came out, said the unit needs service and that it was 4 pounds low on coolant and there could be a leak but it would cost to check it. So after i paid the service charge (will deduct from rent) i emailed him and let him know this. Guess what, No response! So i emailed him a second time, No response! I know he is getting the emails, because i get read receipts. I am so over this. The top floor which has the 2 bedrooms will not cool and its hot here in ga. What are my options? I dont know how much it cost to repair the unit because in order for them to cehck for a leak it is a charge and then if there is a leak there could be additional cost. Can i break my lease? can i withold rent until he repairs? Something needs to happen, i am so over this.
 


Gail in Georgia

Senior Member
Georgia does allow a tenant to do what is known as "repair and deduct" if a landlord does not adequate address a repair request. That is, you may have the repair addressed and deduct the amount from the rent.

HOWEVER, before you do this it is important that you notify the landlord IN WRITING (NOT an email; an actual letter, keeping a copy for yourself as documentation) of the repair request and giving the landlord a reasonable amount of time to address this. You might consider 7 days a reasonable amount of time. If they do not address this within this reasonable amount of time you are allowed to go the repair and deduct route and withhold the appropriate amount from next months rent (send the landlord a copy of the bill with the rent).

You CANNOT withhold rent or you face the real possibility of an eviction. You CANNOT break your lease over this matter or you face the possibility of being sued for doing so. The repair and deduct method would need to be used for serious issues and not minor problems like a slow garage genie, a shower door that needs to be slammed to close or a dryer that doesn't work.

I hope this helps...

Gail
 
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orvil

Junior Member
okay, so since my lease states washer and dryer repair, and he has not fulfilled that part, then what rights do i have if the repair and deduct is not an option? Also, what about the garage and other things. All of this is part of the lease that he signed as well as me. I dont understand how He trumps me, he is the landlord and I am the tenant. I pay him, he doesnt pay me. Therefore, i feel if i pay for something in a contract, i should get what the contract states. He isnt fulfilling his end of the contract either. So what other options do i have? :(

Thank you for your response :)
 

Gail in Georgia

Senior Member
You can certainly attempt the dryer. You might find he accepts this or you might find yourself evicted over this.

A slow garage genie and a shower door that needs slamming to close are not safety or health hazards nor do they go anywhere near to making the rental unit "uninhabitable".

I also suspect your lease doesn't specifically state your landlord will provide a "fast moving garage genie and a quick closing shower door".

No offense but if you want perfect, wait until your lease ends and buy a new house and hope that everything in that one works perfectly.

Good luck.
Gail
 

orvil

Junior Member
Hi gail. Thanks for your response. But just curious are you an attorney? I am not going against your response but i just dont understand why i have to purchase a new home for simple issues that need repair. when i rented an apartment, i put in a request and maintance fixed it. I rent this townhome.. i put in a request and its not fixed. No lease states shower door. But it needs repair. So i guess im supposed to go look for a part for his home and fix it? I compared this lease to my old apartment lease and there is no difference except his name. The language is the same. I am not looking for perfect as there are several things in this home that i have bit the bullet and repaired although i shouldnt have to. Problem is more and more keeps happening And i cant even get a response on the ac unit..yet i should go out and find someone to repair this garage that sometimes stops in the middle of going up? Thats crazy... i appreciate your response but. I decided to go to court and break lease. I looked at the cost to break this lease and its cheaper to break it versus staying here for another 7 months and waiting 3 weeks for responses to my emails. At least if i buy i dont have to deal with this... lesson learned. Thanks again..
 

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